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[1757] 5 Brn 861      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .
Subject_2 COMPLAINT FROM STIRLINGSHIRE.

Simpson
v.
Dalziel

Date: 14 December 1757

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[Fac. Coll. II, No. 59.]

This was a competition among the creditors of Patrick and James Jackson, in which the Lords sustained a disposition made by a bankrupt, in terms of the act 1696, to a trustee for the behoof of all his creditors, and therefore set aside some arrestments at the instance of creditors who did not accede to the trust-disposition.

Some of the Lords put their opinions upon specialties; but the President and Prestongrange said that they did not hold these later decisions, which established that a bankrupt could make no disposition, even for behoof of all his creditors, to be law.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1757/Brn050861-1057.html